HomeMy WebLinkAboutMin 11-06-91194
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - November 6, 1991
The City Council convened in a regular meeting at 6:31 p.m.,
in the Civic Center Council Chambers, 300 Seminary Avenue.
Roll was taken and the following Councilmembers were
present: McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. Staff present: City Clerk McKay, City
Manager Rough, City Attorney Rapport, Electric Utility
Director Barnes, Public Works Director Goforth, Police
Captain Williams, Assistant City Manager Horsley, Police
Captain Budrow, Electrical Distribution Engineer Wobig, City
Engineer Beard, Finance Director Vara, Community Development
Director Harris, Executive Assistant Stamelos, and Planning
Analyst DeKnoblough.
INVOCATION/PLEDGE OF ALLEGIANCF.
Councilmember McMichael delivered the Invocation and
Councilmember Shoemaker led the Pledge of Allegiance.
4. Proclamation - Goodwill Days in Ukiah November 7 - 10,
1991
Mayor Henderson read and presented the proclamation to
George Clemens, the Director of Donated Goods for Redwood
Empire Goodwill Industries.
5. Introduction of New Employee
The Public Works Director introduced the new Public Works
Water/Sewer Attendant I, Ken Brown to the Council and
provided a brief biography.
APPROVAL/CORRECTION OF MINUTES
6a. Reqular Meetinq of October 16, 1991
Mayor Henderson made the following corrections to Page 3,
second paragraph, 6th line, place a space between "and" and
"power"; 7th line, change "175.649" to "$175,649" and change
the word of "an" to "and"; Page 8, 15th paragraph, 4th line,
add "Rudolph" before the word of "Light's", and noted
additional wording should be added to the adjournment to
reflect the adjournment to the Joint Council/Planning
Commission meeting of November 5, 1991, at 7:00 a.m.
Councilmember McMichael made the following correction to
Page 4, 9th paragraph, 1st line, change "advise" to
"advice"; and Page 5, 8th paragraph, 2nd line, change
"advise" to "advice".
M/S McMichael/Schneiter to approve the minutes of the
regular Council meeting of October 16, 1991, as amended. The
motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter
and Mayor Henderson. NOES: None.
6b. Special Meetinq of October 22, 1991
Mayor Henderson made the following corrections to Page 1,
6th paragraph, change "4:445 p.m." to "4:45 p.m.".
M/S Schneiter/McMichael to approve the minutes of the
Special Meeting of October 22, 1991, as amended. The motion
was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter
and Mayor Henderson. NOES: None.
RIGHT TO APPEAL DECISION
Mayor Henderson reviewed Section 1094.6 of the California
Code of Civil Procedures regarding the appeal process.
CONSENT CALENDAR
The City Manager requested item Bb. Award of Bid for
Petroleum Products to Redwood Oil, Inc., in the amount of
$36,733.13 be pulled from the Consent Calendar.
Councilmember Shoemaker requested item 8j. Authorization of
Demolition Permit - 271 Observatory Avenue be pulled from
the Consent Calendar for discussion. It then became New
Business Item lle.
Mayor Henderson requested a typographical correction to the
first page of Exhibit "A" of the agreement contained in Item
8e. Authorize the City Manager to sign Agreement with Carl
Thompson for Inspection Services for Construction of Lake
Mendocino Hatchery Water Pumping Station; on the first line
change the word "County's" to "City's".
It was the general consensus of Council to make the
requested changes to the Consent Calendar.
M/S Schneiter/McMichael to approve the Consent Calendar as
follows;
8a. Approved the Payroll Warrants, #40860 to 41022, from
September 29 through October 12, 1991, in the amount of
$127,163.17 and #41023 to 41209, October 13 through October
26, 1991, in the amount of $140,067.30; and the General
Warrants, #52929 to 53113, in the amount of $622,523.75.
8c. Awarded the contract to Ail Pure Chemical for Chlorine
and Sulfur Dioxide products on an as-needed basis as per
firm unit prices contained in bid, with total purchase not
to exceed total budgeted amount of $61,930.
8d. Approved the transfer of $29,562 from the Electric
Reserve Fund for Construction of the Hatchery Water Pump
System and awarded the contract for construction of Lake
Mendocino Hatchery Water Pump System to Kirkwood-Bly, Inc.,
in the amount of $174,687.
8e. Approved the transfer of $16,000 from the Electric
Reserve Fund for inspection services for the Hatchery Water
Pump System and approved the agreement, with the amended
Exhibit A, for inspection and administration services with
Mr. Carl C. Thompson and authorized the City Manager to
execute the agreement.
8f. Adopted Resolution No. 92-18, Authorizing the City
Manager to sign access license granting use of access road
to Lake Mendocino Power Plant.
8g. Adopted Resolution No. 92-19, designating the City
Manager to act as agent in the preparation of the federal
financial assistance application related to the extreme cold
weather conditions from December 19, 1990 through January 4,
1991.
8h. Adopted Resolution No. 92-20, Establishing Speed Zones
within the City limits.
8i. Adopted Resolution No. 92-21, Endorsing Relocation of
National Marine Service Research Center to Eureka Fishery.
8k. Authorized the Mayor to send letter of support for
railway right-of-way acquisition Proposition 116 grant
application submittal by the North Coast Railroad Authority
in Humboldt and Mendocino Counties.
81. Authorized the City Attorney to notify the Berkeley City
Attorney to add the City of Ukiah as an additional party to
the Amicus Brief in support of Trustees of the California
University v. City of Chico.
Reg. Mtg.
November 6, 1991
Page 2
The motion was carried by the following roll call vote:
AYES: Councilmembers McMichael, Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES. None. Absent: None.
COMMENTS FROM THE AUDIENCE
Marilyn Moore, 30 Betty Street, asked whether she should
address the matter of animal control now or later in the
meeting.
Mayor Henderson commented this portion of the agenda is for
nonagenda item comments, and requested Ms. Moore to wait
until the item is addressed later in the meeting.
UNFINISHED BUSINESS
10a. Report Reqarding Airport Property Lease - John Jensen
The City Engineer reported on the survey requested by
Council for similar rental rates and current undeveloped
land values and the expected annual return on investment, as
per staff's inquiry of local realty and land development
firms. He also reported on the Cagle Wholesale Lumber lease
history.
The City Manager reported that all future leases for
non-airport related uses at the Airport would be subject
to appraisal.
Discussion ensued regarding the terms and conditions of the
Cagle lease.
Robert Reid, 1141 West Standley Street, stated he feels
there is a discrepancy in the lease amounts between the
Cagle and Jensen agreements, noted a better property on N.
State Street is currently available for lease at $1,000 a
month, and urged Council to reconsider the recommended lease
amount.
John Jensen, stated staff's survey does not take into
consideration the inadequacies of his location, and asked
Council to approve the Airport Commission's recommendation
for a monthly lease amount of $750.00 with a maximum yearly
increase cap of 6%.
Councilmember McMichael stated he wishes to see maximum
return on City investments with all parties in agreement.
Councilmember Wattenburger commented he favors a lower
amount for the lease.
The City Engineer reported the average monthly amount
received last year from the prior Jensen lease was $931.00.
Mayor Henderson commented that an increase to $978.00 is a
reasonable increase.
Councilmember McMichael stated he approves of the $931.00
per month lease figure.
M/S Shoemaker/Wattenburger to approve the lease as written
with the amount of $930.00 per month with all other factors
the same, as written. The motion was carried by the
following roll call vote: AYES: Councilmember McMichael,
Wattenburger, and Shoemaker. NOES: Councilmember Schneiter
and Mayor Henderson. Absent: None.
Councilmember Schneiter stated that there should be no
comparison of the Jensen lease to the Cagle lease, and feels
it is not proper for Council to determine lease amounts as
contract negotiations should be conducted by staff.
10b. Adoption of Resolution Approving Option B of th~
Mendocino County Abandoned Vehicle Abatement Program
Reg. Mtg.
November 6, 1991
Page 3
197
The City Manager reported on the terms of the negotiated
Option B, in which the City of Ukiah would receive a 75¢
refund from the $1.00 county imposed vehicle registration
fee.
Dale Hawley, Mendocino County Department of Planning and
Building Code Enforcement Officer, stated the final draft
reflects the negotiated Option B, as agreed upon by the City
of Ukiah Director of Public Safety.
The City Attorney advised the Plan can be attached to the
Resolution and referenced as Exhibit "A".
M/S Shoemaker/McMichael to approve Resolution No. 92-22,
approving the Mendocino County Abandoned Vehicle program,
with the provided plan attached as exhibit "A". The motion
was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter
and Mayor Henderson. NOES: None.
10c. Approval of Final Desiqn and Project Plans for tho
Community Clubhouse
The Assistant City Manager/Community Services Director
reported on the final design and project plans for the
renovation and remodeling of the old municipal clubhouse
located at the golf course as directed by Council last
spring.
Doug Peterson, architect, presented his sketches of the
elevations of the proposed project.
Discussion ensued regarding top quality materials used for
cost estimations, how to handle volunteer labor, timeframes,
donations of materials, and the phasing of construction to
not interrupt golf enterprises.
The City Manager reported on the partial financing of this
project from a Redwood Empire Financing Authority (REFA)
reimbursement for a previous Certificate of Participation
issue the City was involved in with several other cities in
Northern California. He noted the amount will cover $125,000
of the cost of redesign of the community room, with the rest
of the monies to be financed as budgeted in the Golf
Enterprise Fund.
M/S McMichael/Schneiter to approve design and project plans
of the Community Clubhouse. The motion was carried by a
unanimous voice vote of all AYE.
Councilmember McMichael stated that his motion did not
include the funding, (for the Community Clubhouse project),
as he thinks that will be worked out, but based on the City
Manager's comments, he is sure that this is the direction we
will use.
Councilmember Wattenburger thanked all the people who have
worked so diligently on this project that he has desired for
a very long time.
Councilmember McMichael commented that this is not just a
golf clubhouse but a community facility that can be rented
by the whole community.
Recess - 7:50 p.m.
Reconvened - 8:07 p.m.
NEW BUSINESS
lla. Introduction of Ordinance Requlatinq Domestic and Wild
Animals in the City
The City Manager reported this proposed Ordinance is to
establish a program that was proposed and approved by
Reg. Mtg.
November 6, 1991
Page 4
198
Council at budget hearings last June, for animal control
services within the City limits to be provided by the Inland
Humane Society instead of County Animal Control.
The City Attorney reviewed the proposed Ordinance for
Council, and noted it is very similar to the County's animal
control Ordinance.
Discussion ensued regarding dog licensing transitions, and
jurisdiction over wandering dogs.
Councilmember Shoemaker questioned zoning code regulations
regarding kennels.
The Community Development Director noted it is a typical
land use regulated by zoning code.
Discussion ensued regarding dogs on private property, a
typographical error of "stuine" which should be "suine",
and timeframes for implementation of this new program.
The City Manager noted for the record two letters received
today regarding this matter, from Chuck Williams, 3 Betty
Street, and Stephanie Hoppe, 612 West Standley Street.
Councilmember Schneiter stated that he can't possibly read
two full pages of concerns when the letter is submitted
prior to a Council meeting.
Marilee Moore, 30 Betty Street, stated she is in favor of
the Humane Society providing this service, as she and her
neighbors had a bad experience over an injured cat handled
by the Police department.
The City Attorney advised that this incident may not be
relevant to this matter and that citizen complaints
involving Police/Employee personnel cannot be heard publicly.
James Manly, 32 Betty Street, explained the injured cat
incident to Council, without mentioning names.
Discussion ensued with the City Manager over some of the
details of the matter.
Mayor Henderson noted this subject is not agendized and
cannot be considered.
The City Attorney reviewed the letters submitted and offered
possible wording changes to reflect Ms. Hoppe's stated
concerns regarding gender neutral wording.
The City Manager noted the concern for cat licensing can be
addressed later as a policy issue.
M/S Schneiter/Wattenburger to introduce the Ordinance, as
amended by the City Attorney recommendations, by reading the
title only. The motion was carried by a unanimous voice vote
of all AYE.
The City Clerk read the title only.
M/S Schneiter/Wattenburger to introduce the Ordinance,
repealing Sections 4150 and 4151 of the Ukiah city Code and
Adopting Sections 4150-4193, regulating Domestic and Wild
Animals in the City of Ukiah. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, Schneiter and Mayor Henderson.
NOES: None. Absent: None.
llb. Introduction of Ordinance Establishinq Ambulance
Service in the City
The City Attorney reported the proposed Ordinance makes
findings supporting the provision of ambulance service in
Reg. Mtg.
November 6, 1991
Page 5
the City. He noted the Ordinance also provides protocols for
dispatching 911 emergency aid calls and internal operations.
Councilmember Shoemaker stated he would like to see mutual
and automatic aid, as listed in Section 5302, No. 1., be
addressed by Council and not staff, due to the political
nature of the subject.
M/S Shoemaker/Wattenburger to read the title only of the
amended Ordinance. The motion was carried by a unanimous
voice vote of all AYE.
The City Clerk read the title only of the proposed Ordinance.
M/S McMichael/Schneiter to introduce the amended Ordinance
establishing ambulance service in the City of Ukiah. The
motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter
and Mayor Henderson. NOES: None. Absent: None.
llc. Adoption of Resolution Adopting City's Policy Against
Harassment in the Work Place
The Assistant City Manager reported that with recent
legislation in conjunction with court decisions, there is a
need to adopt a policy to protect employees. She noted this
policy also addresses procedures for processing complaints.
Mayor Henderson requested additional wording in the first
paragraph of the policy to include the wording of "mental
handicapped" and "sexual orientation".
Discussion ensued regarding the timeframe for reporting.
Councilmember Shoemaker requested a change to Page 3 of the
proposed policy, paragraph No. 3b. 4th line, omit the word
"sexual".
M/S Schneiter/McMichael to adopt Resolution No. 92-23, as
amended, adopting the City's policy against harassment in
the workplace. The motion was carried by the following roll
call vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: None.
Absent: None.
lld. Adoption of Resolution Establishinq Complianco
Schedule for Unreinforced Masonry Buildinqs - Ordinance 914
The Community Development Director reported the Downtown
Master Plan Committee determined unanimously to apply a
substantial improvement rule to rehabilitation of the
designated older unreinforced masonry buildings. He noted
the substantial improvement rule would require unreinforced
masonry retrofit upon application for building permits
applied for improvements, construction or reconstruction
valued at 50% or more of the assessed value of the structure.
The Community Development Director advised Council on
additional wording that should be added to the proposed
Resolution, line 19, after the word "value," add "or value
as determined by independent appraisal secured at property
owners expense".
M/S McMichael/Schneiter to adopt Resolution No. 92-24 with
the amended wording recommended by staff, adopting
compliance schedule pursuant to Ukiah City Code Section
3075, Earthquake Hazard Reduction. The motion was carried by
the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None. Absent: None.
lle. Authorization of Demolition Permit - 271 Observatory
Avenue
199
Reg. Mtg.
November 6, 1991
Page 6
2OO
Councilmember Shoemaker stated he pulled this item from the
Consent Calendar as the agenda item did not include the
letter from Judy Pruden that recommended the house be moved
or the materials salvaged, as he feels this should be the
case. He questioned the zoning of the lot as it is a large
lot.
The Community Development Director reported the parcel is
zoned R-3.
The City Manager noted the structure will not be burned as
previously planned.
M/S Schneiter/Wattenburger to approve the demolition permit
for the structure at 271 Observatory Avenue with the
condition that it be effective December 23, 1991 or sooner
if the materials can be salvaged, or the building moved. The
motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter
and Mayor Henderson. NOES: None.
CITY COUNCIL REPORTS
Councilmember McMichael
Reported on the Sun House Guild fundraiser on December 8, a
Victorian House Christmas tour.
Councilmember Wattenburger
Noted that if we are not going to allow burning of
deteriorated structures for fire department training, then
the previously budgeted training tower should be built.
The City Manager noted the first phase is scheduled to begin
this year.
Councilmember Wattenburger reported that with the recent
fire events, he feels it is appropriate at this time for
Council to address the banning of wood shake roofing,
mandatory sprinklers and metal roofing, especially with the
upcoming Hillside Ordinance recommendations.
Councilmember Shoemaker
Complimented staff on the South State Street improvement
project completion and the beautiful Chinese Pistachio
trees, reported on the MSWJPA meeting he attended, the
County Supervisors meeting he attended, the Good Morning
Ukiah program he spoke at and noted that he will address the
Rotary Club to speak on garbage issues.
Councilmember Schneiter
Reported there was no LAFCO meeting, and reported on the
MCOG meeting he attended. He informed Council he had been
appointed as the CALCOG representative by MCOG and the NCPA
legislative representative.
Mayor Henderson
None.
CITY MANAGER/DEPARTMENT HEADS REPORTS
The City Manager reported on the WEST Company meeting he
attended, noted the Mayor/Managers meeting will be held here
on November 21, provided an update on Chief Keplinger's
condition after his recent surgery, and noted the upcoming
CDC meeting on November 21 that he will be attending.
14. CLOSED SESSION
The City Attorney advised Council of the need for a Closed
Session to discuss personnel negotiations and
Reg. Mtg.
November 6, 1991
Page 7
threatened/potential litigation as allowed under the Brown
Act, Government Code Sections 54957.6 and 54957.9 subsection
C.
M/S Schneiter/Wattenburger to go into Closed Session as per
the City Attorney's advice. The motion was carried by a
unanimous voice vote of all AYE.
Recess - 9:12 p.m.
Reconvened - 9:24 p.m.
Council entered Closed Session at 9:24 p.m.
Council came out of Closed Session at 10:00 p.m.
The City Attorney noted no action was taken.
15. ADJOURNMENT
There being no further business,
at 10:00 p.m.
CCMIN.81
t~ meeting was adjourned
Cat~ MOR?, Si~lark.
201
Reg. Mtg.
November 6, 1991
Page 8